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AN ORDINANCE AMENDING ARTICLE I, SECTION 49-8.2 OF CHAPTER 49 OF THE DULUTH CITY CODE TO PROVIDE FOR A MISDEMEANOR PENALTY FOR UNLAWFULLY POSSESSION OR FIRING OF AN AIRGUN OR GEL SOFT GUN.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1: That Article I, Section 49-8.2 of Chapter 49 of the Duluth City Cody is hereby amended as follows:
Sec. 49-8.2. Airguns, Gel Soft Guns, paintball guns.
(a) Possession of airguns and gel soft guns.
No person shall possess or have in his or her control any airgun or gel soft guns in the city except:
(1) Within the home or other residence, or another building accessory thereto as defined in Section 50-1.1 of this Code, of the person possessing such airgun or gel soft gun;
(2) Within any commercial or manufacturing establish-ment manufacturing, repairing, altering, modifying or offering for sale in the stream of commerce such airgun or gel soft gun;
(3) Within an area zoned as suburban under Chapter 50 of this Code;
(4) On premises for which the chief of police has issued a permit for such purpose under subsection (c) below;
(5) In areas of the city not described in sub-subsections (1) through (4) above if all projectiles have been removed from such airgun or gel soft gun and if the airgun or gel soft gun is fully enclosed in a case made expressly to contain an airgun or gel soft gun or firearm which fastens in a manner which fully encloses said airgun and all such fasteners are appropriately fastened;
(b) Discharge of airguns or gel soft gun.
(1) No person shall discharge any airgun or gel soft gun except in areas described in sub-subsections (1) through (4) of subsection (a) above or in a place or manner which creates a substantial risk of injuring any other person;
(2) Violation of this provision prohibiting discharge is a misdemeanor offense for which a sentence of not more than 90 days or a $1000 fine, or both, may be imposed.
(c) Premises permits.
Upon the written application therefore in a form acceptable to the chief of police, he or she may issue a permit to discharge airguns or gel soft gun on specified premises in the city which do not fall within areas described in sub-subsections (1) through (4) of subsection (a) above for the purposes of allowing the establishment of shooting ranges, paintball gaming facilities and other similar uses under such terms and conditions as, in the exercise of his or her discretion the chief determines reasonably necessary or advisable to protect the safety of the participants therein and the general public.
Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance amends Section 49-8.2 of Chapter 49 of the Duluth City Code to clarify the penalties for the offense of possession and the offense of discharge involving airguns as well as addressing the ongoing concerns regarding possession and discharge of gel soft guns (also known as orbeez guns).